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(영문) 수원지방법원 2019.11.07 2019나58773
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid below is revoked.

Reasons

1. Facts of recognition;

A. From October 2004, the Plaintiff worked at the F Center located in Suwon-si E, Suwon-si. Around August 2016, the head of the division was in office, and the Defendants worked as the same department’s agent.

B. From June 9, 2016 to August 2, 2016, the Defendants provided the Plaintiff with an examination interview at a group hosting room as shown in the attached Form for two months. On August 2, 2016, the Plaintiff was viewed to have held the above hosting hold through a computer installed on the Defendant C’s jobs.

C. The Plaintiff filed a complaint against the Defendants as a crime of insult, and the Defendants received a summary order of KRW 500,000,000. The Defendants appealed against this and filed an application for formal trial, and on May 17, 2018, rendered a judgment of innocence to the Defendants.

Although the prosecutor appealed, on November 29, 2018, the judgment of dismissal of an appeal was rendered, and it became final and conclusive on December 7, 2018.

(The grounds for recognition) The fact that there is no dispute, Gap evidence Nos. 1 through 9, Eul evidence Nos. 1 through 1 through 4, 11, and 12 (including branch numbers, hereinafter the same shall apply), the purport of the whole pleadings, and the purport of the whole pleadings. (The ground for recognition)

2. The occurrence of liability for damages and amount of criminal liability for illegal acts are held liable for acts violating the legal order of society, and the content of a public sanction against an actor is as follows. Civil liability lies in compensating for damages suffered by the victim as it imposes an individual responsibility on the infringement of another person's legal interest. The compensation system is the guiding principle that the equitable and reasonable burden of damages is the fair and reasonable burden. Thus, even if the act does not constitute criminal offenses, whether it constitutes tort under the civil law should be examined from a perspective separate from criminal liability.

(See Supreme Court Decision 2006Da6713, Feb. 1, 2008). According to the above facts of recognition, the Defendants’ social evaluation may decline in their group hosting windows.

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